Perused the Plaint, the Written Statement, the Solenama, the depositions given by PW-01 and DW-2 in support of the Solenama, and the suit record. Upon such perusal, it appears to the court that the suit is for the rectification of the deed, where a compromise (ADR) is reached through court and the Solenama is executed between the plaintiffs and the defendant Nos. 03-10, 20-21. The terms and stipulations enshrined in the Solenama are hereby adjudged as just, legal, justifiable, amicable; and compatible with the given depositions on this behalf. So the Solenama is held to be worthy of being considered.
Accordingly, it occurs that all
defendants are not within the purview of the executed solenama dated 03.02.2022.
As a result, plaintiff No. 02 Mr. Ayej Uddin has also deposed standing in the
witness box that their true intention was not reflected in the deed in
questions. In evidence recorded ex parte, the court finds the existence of
proof and necessary implications in support of their behalf. Since the
defendants other than those who are not impleaded as a party to the executed
solenama are not contesting the suit in any lawful manner, no evidence nothing
contrary to the claims of the plaintiff side is found. On consideration and cognizance of the
Pleadings, facts, surrounding circumstances of the case, shreds of evidence on record, and relevant laws, it appears to the Court that the suit deserves to be decreed
on compromise as well as ex parte against the rest of the defendants.
Paid
court fee is sufficient.
Hence, it is ordered that the suit be decreed on compromise (ADR) through the court in terms of the Solenama dated 03.02.2022 executed between the plaintiffs and the defendant Nos. defendant Nos. 03-10, 20-21; and ex parte against the rest without any order as to costs. The Solenama executed between the plaintiffs and the defendant Nos. 03-10, 20-21 shall form a constituent part of the decree. The parties to the Solenama shall follow and be bound by its stipulations; in default, steps may be taken in accordance with the law.
The parties shall be at liberty to have the decree passed in the suit executed in accordance with the law.